Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person.
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault.
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.
• Information that discloses investigative techniques or procedures.
• Information, the release of which is prohibited or restricted by law.
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published.

Freedom of Information and Protection of Personal Privacy Act

Pursuant to section 14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following:

• The names of persons, including civilian witnesses, and subject and witness officials;
• Location information;
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation.

Personal Health Information Protection Act, 2004

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injuries of a 27-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 7, 2024, at 7:43 p.m., the OPP notified the SIU of an injury to the Complainant.

According to the OPP, at 3:03 p.m., the Complainant was arrested for trespassing at an address on High Street, Collingwood, by the Subject Official (SO), Witness Official (WO) #2, WO #1, and WO #3. The Complainant resisted arrest and a struggle ensued, resulting in swelling to the Complainant’s face. The Complainant was taken to the Collingwood General and Marine Hospital (CGMH) and diagnosed with multiple facial fractures.

The Team

Date and time team dispatched: 2024/07/08 at 6:39 a.m.

Date and time SIU arrived on scene: 2024/07/08 at 4:00 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

27-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on July 8, 2024.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on July 15, 2024.

Subject Official (SO)

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

The witness officials were interviewed between July 15, 2024, and July 26, 2024.

Investigative Delay

Delay was incurred because of workload pressures in the Director’s Office.

The Scene

The scene was located in a vacant forested lot on High Street, Collingwood. The lot had dense trees that opened into a clearing with tents, chairs, a bicycle, and garbage.

Video/Audio/Photographic Evidence[2]

In-car Camera (ICC) Footage - WO #3, WO #1 and Officer #1

Starting at about 3:37:57 p.m., July 7, 2024, officers were captured arriving on scene.

Starting at about 3:44:38 p.m., the Complainant walked out of the forest with WO #3 and WO #2 on either side of him. The SO carried the Complainant’s backpack. WO #1 walked behind them. The Complainant asked for his photo album, and began to cry and yell repeatedly. There was a banging sound and the Complainant said, “Please don’t let me die in here.” WO #3 told him he would not die and that the air conditioning was on full blast.

Starting at about 3:47:14 p.m., the Complainant was seated in the rear right passenger seat of a police vehicle. He was handcuffed behind the back, and had swelling on the right cheek. He asked for his medication and air, and banged his knee on the police vehicle’s door. WO #2 told him they were taking him to the hospital. The Complainant cried and said he wanted to go to a rehabilitation centre. WO #2 told him they would take him to the hospital and get him help. The Complainant cried and said, “That cop beat me,” and, “You guys just want somebody off your hands. You don’t care about their mental health or their wellbeing.” The Complainant asked WO #3 what race he was, and said he had not done anything to that officer, “He came into my area and said I was under arrest after he gave me four minutes and 37 seconds. This officer did this to me.” WO #2 asked the Complainant where his parents lived, and he yelled, “They’re fucking dead.”

Starting at about 3:56:26 p.m., WO #3, WO #2 and the Complainant arrived at the hospital and entered a bay.

Starting at about 3:56:34 p.m., the police vehicle stopped, and a police officer exited. The Complainant banged his leg against the closed door and yelled about the windows.

Starting at about 3:59:46 p.m., the rear door opened but the Complainant refused to get out. He told the police officers to “grab me like you did before and show your true colours”. The Complainant began crying for several minutes, then apologized to the police officers. He allowed the police officers to assist him out of the police vehicle.

OPP Communications Recordings - OPP Call-taker

On July 7, 2024, starting at about 3:00:50 p.m., the CW called to report a trespasser [the Complainant] on a vacant lot at High Street in Collingwood. The Complainant was verbally aggressive and known to OPP officers. The call ended at 3:03:24 p.m.

Starting at about 3:36:06 p.m., 911 received a call from the Complainant. The Complainant said things like “You were going to do it anyway,” “I’m just waiting for you to do it,” and, “That’s the only fucking thing you guys got.” He spoke to another person but did not respond to the 911 operator’s questions. The Complainant also began to sob.

Starting at about 3:36:58 p.m., 911 received a call from a woman who overheard a man on an open phone line. The woman said she heard the man [the Complainant] yell, “I was told I had fifteen minutes to leave! They’re not giving me fifteen minutes!” She felt it was related to the OPP incident on High Street.

Starting at about 4:59:24 p.m., another woman and a man called to report an OPP vehicle left unattended with overhead lights activated.

OPP Communications Recordings - OPP Dispatch Audio

Starting at about 3:03:41 p.m., July 7, 2024, dispatch broadcast there was an unwanted person [the Complainant] with a tent erected on private property. The Complainant was flagged for a previous dispute involving two large machetes and a knife displayed on a wall. An OPP officer [the SO] requested additional units in the woods. OPP officers attempted to locate the SO, who was in the woods.

Starting at about 0003:16 hrs into the recording, WO #3 announced that WO #2 was present, and the Complainant was secured in the police vehicle. The Complainant would be taken to CGMH.

The CW’s Cellular Telephone Video

The CW’s recording was 50 seconds in length and taken from the CW’s vehicle.

At the beginning of the video, WO #2 and WO #3 stood on the left side of a parked police vehicle with the Complainant. The Complainant was handcuffed with his hands behind the back. Csts WO #1 and the SO stood on the right side of the police vehicle. The Complainant got in the back of the police vehicle. The door was open, and WO #2 spoke to the Complainant. WO #3 walked to the right side of the police vehicle, opened the rear door and spoke to the Complainant.

The Complainant’s Cellular Telephone Video – Clip 1

The Complainant recorded two cellular telephone videos. One video was eight minutes and fifty-three seconds in length, and the second video was twenty-three seconds in length.

On July 7, 2024, starting at about 3:34 p.m., the Complainant spoke to the SO in a forested area at a campsite. The SO told the Complainant about the Trespass to Property Act and threatened to arrest him if he did not provide his name. The Complainant put items in his duffel bag in the tent.

Starting at about 0000:38 hrs into the recording, the Complainant provided his name and date of birth. He asked, “Do you know how to spell?” He called the SO pejoratives several times.

Starting at about 0001:34 hrs, into the recording, the SO directed the Complainant to pack up his belongings and waited on a path in the woods. The Complainant asked, “Are you going to stand over there?” and followed the SO onto the path. The Complainant was verbally abusive towards the SO. The SO told the Complainant if he did not want his belongings abandoned, he should spend his time wisely and start packing.

Starting at about 0002:47 hrs, the Complainant put his cellular telephone on a camp chair.

Starting at about 0003:11 hrs, the Complainant asked whether someone was scared.

Starting at about 0003:25 hrs, the Complainant said, “I’m just waiting for the fifteen minutes. I’m just waiting.” The SO said, “All right, put your hands behind your back. You’re under arrest.” There was the sound of a scuffle. The Complainant protested and the SO said, “Stop resisting and get on the ground.” The Complainant asked for fifteen minutes to pack. There was more of a scuffle and the Complainant yelped. The SO said multiple times, “Put your fucking hands behind your back,” and, “Get on the fucking ground.”

Starting at about 0004:14 hrs, the SO said, “Don’t grab me! Do not grab me!” and, “Don’t resist!” The SO continued to insist the Complainant put his hands behind his back and get on the ground. The Complainant shouted “Stop, stop! This is all recording!” The scuffle sound subsided.

Starting at about 0005:08 hrs, the Complainant breathed heavily and said, “Okay, okay.” The SO repeated, “Get on the ground! Stop resisting!” The Complainant made a choking sound and then gasped, “I can’t breathe!” The SO repeated, “Let go! Put your hands behind your back!” The Complainant yelled in pain and said, “Stop! Please!” He said sobbingly that he had been given 15 minutes to pack.

Starting at about 0006:07 hrs, the Complainant sobbed, “Why would you do that?” The SO said he would get “tazed” and the Complainant said, “Please! Please! I just want to get out!” The SO requested additional police officers to attend. The Complainant continued to sob, and asked, “Why would you do this to me?” The SO repeated his commands. The Complainant yelled in pain and the SO shouted, “Get on the ground!”

Starting at about 0007:30 hrs, the Complainant picked up the cellular telephone. The SO was a short distance away from the Complainant with his CEW pointed at him. The Complainant turned the camera towards him. There were bruises and a cut beside his right eye and the upper area of his right cheek. There was a trickle of blood on the right side of his nose and lower lip. He said, “Look at what this cop did to my face.” The SO said, “You’re trying to fight me.” The Complainant denied the statement. A brief glimpse of the campsite showed the tent was flattened. The SO and the Complainant argued over whether the Complainant had made an effort to pack his belongings.

Starting at about 0008:30 hrs, the SO said, “If you stand up, you’re getting tazed. You already tried to fight me.” The Complainant said, “You beat the fucking shit out of my face.”

The Complainant’s Cellular Telephone Video – Clip 2

In the second recording, the Complainant was captured on the ground while the SO had his CEW pointed at him.

Starting at about 0000:09 hrs into the recording, WO #3 entered the campsite and instructed the Complainant to put his cellular telephone down. The Complainant repeated, “Please, please, please.” WO #3 physical engaged the Complainant and instructed him to put his hands behind the back. The video jerked and then ended.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between July 9, 2024, and October 22, 2024:

• Computer-assisted Dispatch Report
• General Report
• Supplementary Report
• Police Contacts with the Complainant
• List of involved officers
• Civilian Witness List
• Communications recordings
• Photographs from OPP of the SO’s injuries
• Notes - Officer #2
• Notes - WO #2
• Notes - WO #1
• Notes - the SO
• Notes - WO #3
• ICC recording – WO #3’s police vehicle
• The CW’s witness statement

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between July 9, 2024, and July 16, 2024:

• The Complainant’s medical records from CGMH
• Cellular telephone video from the CW
• Cellular telephone video from the Complainant

The evidence collected by the SIU, including interviews with the Complainant and police witnesses, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU. He did authorize the release of his notes.

In the afternoon of July 7, 2024, the SO arrived in a forested area near High Street, Collingwood. Police had received a call from the CW about a male on the land – a vacant lot. The male had set up an encampment on the land and was living there.

The Complainant was the male. Confronted by the SO at his campsite, the Complainant became belligerent. He verbally taunted the officer and asked for some additional time to pack up his belongings. The SO agreed but then decided to arrest the Complainant for trespass when it appeared to him that the Complainant was delaying his departure.

The officer took hold of the Complainant. There followed a physical altercation during which the SO struck the Complainant with multiple punches and perhaps some knee strikes. The officer pinned the Complainant to the ground before extricating himself from the fight and drawing his CEW. He asked for help over his police radio and pointed his CEW at the Complainant.

WO #3 arrived on scene shortly and assisted the SO in taking the Complainant into custody.

The Complainant was taken to hospital following his arrest and diagnosed with several facial fractures.

2 (1) Every person who is not acting under a right or authority conferred by law and who,

(a)without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b)does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Section 9, Trespass to Property Act - Arrest Without Warrant on Premises

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail.

The Complainant was seriously injured in the course of his arrest by OPP officers in Collingwood on July 7, 2024. The SIU was notified of the incident and initiated an investigation naming the SO the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injuries.

The evidence indicates that the Complainant was unlawfully on private property, and had been asked to leave and failed to do so in a reasonable time. On this record, I am satisfied that the SO was within his rights in deciding to arrest him under sections 2 and 9 of the Trespass to Property Act.

With respect to the force used by the SO, I am unable to reasonably conclude it was more than was warranted. The evidence indicates that the Complainant resisted the SO’s efforts to secure him in handcuffs. While he may not have punched or otherwise struck the officer, he put up a fight and was able to defeat the officer’s attempts to control his arms behind the back. In the circumstances, the upwards of a half-dozen strikes by the officer to the Complainant’s head and torso would not necessarily seem disproportionate occurring, as they did, in the heat of the battle.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: May 2, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit